State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_159C > GS_159C-3

§ 159C‑3.  Definitions.

The following definitionsapply in this Chapter:

(1)        Agency. – Anyagency, bureau, commission, department, or instrumentality.

(2)        Air pollutioncontrol facility. – Any structure, equipment, or other facility for, includingany increment in the cost of any structure, equipment, or facility attributableto, the purpose of treating, neutralizing, or reducing gaseous industrial wasteand other air pollutants, including recovery, treatment, neutralizing, orstabilizing plants and equipment and their appurtenances, which have beencertified by the government entity having jurisdiction to be in furtherance ofthe purpose of abating or controlling atmospheric pollutants or contaminants.

(3)        Bonds. – Revenuebonds of an authority issued under the provisions of this Chapter.

(3a)      Code. – The InternalRevenue Code of 1986, as amended.

(4)        Cost. – This term asapplied to any project embraces all capital costs of the project, including allof the following:

a.         The cost ofconstruction.

b.         The cost ofacquisition of all property, including rights in land and other property, realand personal and improved and unimproved.

c.         The cost ofdemolishing, removing or relocating any buildings or structures on lands soacquired, including the cost of acquiring any lands to which those buildings orstructures may be moved or relocated.

d.         The cost of allmachinery and equipment, installation, start‑up expenses, financingcharges, and interest prior to, during and for a period not exceeding one yearafter completion of construction.

e.         The cost ofengineering and architectural surveys, plans and specifications.

f.          The cost ofconsultants' and legal services, other expenses necessary or incident todetermining the feasibility or practicability of the project, administrativeand other expenses necessary or incident to the acquisition or construction ofthe project and the financing of the acquisition and construction of theproject.

(5)        Repealed by SessionLaws 2000, c. 179, s. 3, effective August 1, 2000.

(6)        Financing agreement.– A written instrument establishing the rights and responsibilities of theauthority, operator, and obligor with respect to a project financed by theissuance of bonds. A financing agreement may be in the nature of a lease, alease and leaseback, a sale and leaseback, a lease purchase, an installmentsale and purchase agreement, a conditional sales agreement, a secured orunsecured loan agreement or other similar contract and may involve property inaddition to the property financed with the bonds.

(6a)      Governing body. – Theboard, commission, council, or other body in which the general legislativepowers of any county or other political subdivision are vested.

(6b)      Industrial project. –Any industrial or manufacturing factory, mill, assembly plant, or fabricatingplant; freight terminal; industrial research, development, or laboratoryfacility; industrial processing facility; facility used in the manufacturing orproduction of tangible personal property; facility used in the creation or productionof intangible property as described in section 197(d)(1)(C)(iii) of the Code;or distribution facility for industrial or manufactured products.

(7)        Obligor. – Anyperson, which may include the operator, who is obligated under a financingagreement or guaranty agreement or other contract or agreement to make paymentsto, or for the benefit of, the holders of bonds of the authority. Anyrequirement of an obligor may be satisfied by any one or more persons who aredefined collectively by this Chapter as the obligor.

(8)        Operator. – Theperson entitled to the use or occupancy of a project.

(9)        Politicalsubdivision. – Any county, city, town, other unit of local government or anyother governmental corporation, authority, or instrumentality of the State nowor hereafter existing.

(10)      Pollution orpollutants. – Any noxious or deleterious substances in any air or waters of oradjacent to the State of North Carolina or affecting the physical, chemical orbiological properties of any air or waters of or adjacent to the State of NorthCarolina in a manner and to an extent which renders or is likely to render theair or waters harmful or inimical to the public health, safety or welfare, orto animal, bird or aquatic life, or to the use of such air or waters for domestic,industrial or agricultural purposes or recreation.

(10a)    Pollution controlproject. – Any air pollution control facility, water pollution controlfacility, or solid waste disposal facility if the facility is in connectionwith either an industrial project or a public utility plant.

(11)      Project. – Any landor equipment or one or more buildings or other structures, whether or not onthe same site or sites, and any rehabilitation, improvement, renovation orenlargement of, or any addition to, any building or structure for use as or inconnection with (i) any industrial project, (ii) any pollution control projectfor industry or for public utilities, (iii) any special purpose project, or(iv) any combination of projects mentioned in clauses (i) through (iii) of thissubdivision. Any project may include all appurtenances and incidentalfacilities such as land, headquarters or office facilities, warehouses,distribution centers, access roads, sidewalks, utilities, railway sidings,trucking and similar facilities, parking facilities, landing strips and otherfacilities for aircraft, waterways, docks, wharves and other improvementsnecessary or convenient for the construction, maintenance and operation of anybuilding or structure, or addition to it.

(12)      Revenues. – Withrespect to any project, the rents, fees, charges, payments, proceeds and otherincome or profit derived from the project or from the financing agreement orsecurity document in connection with the project.

(13)      Security document. – Awritten instrument establishing the rights and responsibilities of theauthority and the holders of bonds issued to finance a project, which mayprovide for, or be in the form of an agreement with, a trustee for the benefitof the bondholders. A security document may contain an assignment, pledge,mortgage or other encumbrance of all or part of the authority's interest in, orright to receive revenues with respect to, a project and any other propertyprovided by the operator or other obligor under a financing agreement and maybear any appropriate title. A financing agreement and a security document maybe combined as one instrument.

(14)      Solid waste. – Solidwaste materials resulting from any industrial or manufacturing activities orfrom any pollution control facility.

(15)      Solid waste disposalfacility. – A facility for the purpose of treating, burning, compacting,composting, storing or disposing of solid waste.

(15a)    Special purposeproject. – Any structure, equipment, or other facility for any one or more ofthe following purposes:

a.         Water systems orfacilities, including all plants, works, instrumentalities, and properties usedor useful in obtaining, conserving, treating, and distributing water fordomestic or industrial use, irrigation, sanitation, fire protection, or anyother public or private use.

b.         Sewage disposalsystems or facilities, including all plants, works, instrumentalities, andproperties used or useful in the collection, treatment, purification, ordisposal of sewage, other than facilities constituting a water pollutioncontrol facility.

c.         Publictransportation systems, facilities, or equipment, including bus, truck, ferry,and railroad terminals, depots, trackages, vehicles, and ferries, and masstransit systems.

d.         Public parking lots,areas, garages, and other public vehicular parking structures and facilities.

e.         Public auditoriums,gymnasiums, stadiums, and convention centers.

f.          Recreationalfacilities, including museums.

g.         Land, equipment, andfacilities for the disposal, treatment, or recycling of solid or other wastethat are described in G.S. 159I‑8.

h.         Facilities for theprovision of rehabilitation services, education, training, and employmentopportunities for persons with disabilities and the disadvantaged. The termdoes not include a retail facility, however, unless the proposed operator ofthe facility certifies that at least seventy‑five percent (75%) of itsemployees will be disadvantaged or disabled persons and at least seventy‑fivepercent (75%) of its inventory will be composed of used, donated items anditems manufactured by disadvantaged or disabled persons.

i.          Orphanages andsimilar housing facilities for children or disadvantaged or disabled persons.

j.          Facilities for theprovision of material salvage and recycling services, the proceeds of which areused to provide for low, moderate, or affordable housing.

k.         Research facilitiesowned or operated by a nonprofit corporation incorporated by two or moreaccredited universities whose main campuses are located in North Carolina or bythe Chancellor, President, or similar official of such universities.

l.          Facilities forhousing the international headquarters of a nonprofit scholarly society that isa member of the Scholarly Societies Project.

m.        Facilities thatqualify as recovery zone property in connection with the issuance of recoveryzone facility bonds pursuant to the American Recovery and Reinvestment Tax Actof 2009.

(16)      Water pollutioncontrol facility. – Any structure, equipment or other facility for, includingany increment in the cost of any structure, equipment or facility attributableto, the purpose of treating, neutralizing or reducing liquid industrial wasteand other water pollution, including collecting, treating, neutralizing,stabilizing, cooling, segregating, holding, recycling, or disposing of liquidindustrial waste and other water pollution, including necessary collector,interceptor, and outfall lines and pumping stations, which have been certifiedby the agency exercising jurisdiction to be in furtherance of the purpose ofabating or controlling water pollution.  (1975, c. 800, s. 1; 1977, 2nd Sess., c. 1197; 1979,c. 109, s. 1; 1995 (Reg. Sess., 1996), c. 575, ss. 4, 5; 2000‑179, s. 3;2005‑238, s. 10; 2007‑128, s. 1; 2009‑140, s. 6.)